Punjab seeks home secy in UPSC panel to shortlist officers for appointment of regular DGP

Chandigarh: Having been asked by the Union Public Service Commission (UPSC) to send a panel of eligible officers for appointment of regular DGP in the state, the Punjab govt has requested the UPSC to allow additional chief secretary (home) as a member of the empanelment committee (EC) since state's acting Director General of Police (DGP) Gaurav Yadav cannot be part of the committee as he will be one of the contenders and officers in the panel that Punjab is likely to send to the UPSC.A letter to this effect was sent by the Punjab home department to the UPSC on Thursday, an official said. The development comes days after the Supreme Court, on March 12, pulled up states, including Punjab, for violating its judgment on the appointment of DGPs by not sending the panel of eligible officers to the UPSC. The Supreme Court asked why contempt proceedings should not be initiated against violating states. It reportedly trashed the Punjab govt's argument where the State, while referring to the Punjab Police (Amendment) Bill 2023, submitted that the bill passed by the Punjab Assembly was lying with the President. Punjab Governor had forwarded the bill to the President for assent. The bill, aimed to circumvent the Supreme Court-mandated UPSC procedure for selecting the State DGP, provided for a state-controlled seven-member empanelment committee. Superseding several senior officers, 1992-batch Indian Police Service (IPS) officer Gaurav Yadav was appointed as the acting DGP of Punjab in July 2022 by the govt led by Aam Aadmi Party (AAP), which stormed to power earlier that year in March. He is continuing in the post since then. According to a govt functionary, since Yadav will be a contender and figure in the panel Punjab will send to the UPSC, the Punjab govt has requested that it be allowed to have ACS (Home) as a member of the empanelment committee, apart from the chief secretary, who is another member from the state in the panel. The empanelment committee comprises the UPSC chairman or a member acting as chairman, Union home secretary or his nominee not below the rank of special secretary to the Union govt, head of the central police organisation nominated by the MHA who is not from the same state cadre for which the selection is made, the chief secretary of the state govt, and the incumbent DGP.The empanelment committee (EC) of the UPSC selects three candidates based on seniority, experience, and service records from a panel of eligible officers sent by a state govt. The state govt then chooses one among them for appointment as the regular DGP. The latest correspondence by Punjab indicates that Punjab may send the panel of eligible officers soon after getting the nod from the UPSC to the state's request to have an ACS-rank officer as one of the members of the empanelment committee (EC), instead of the incumbent DGP. In an order on Feb 12, the Supreme Court had permitted Tamil Nadu to replace the incumbent DGP with an officer senior to the DGP in rank and status to ensure due representation to the State in the empanelment committee. In a scenario similar to Punjab, Tamil Nadu too has an acting DGP as a contender for the top post in the state. Tamil Nadu had moved the apex court after the UPSC had turned down the state's request to have a replacement. Earlier, the UPSC, while treating Feb 5 as the date of occurrence of the vacancy of DGP in Punjab, wrote on Feb 18 to the state govt seeking the panel of eligible officers for appointment as regular DGP of the state within 10 days. After receiving the UPSC letter on Feb 18, the Punjab home department asked the office of Punjab DGP to prepare a list of eligible officers who met the eligibility criteria. But as Punjab did not send the panel within the stipulated time, the UPSC sent a reminder on March 5, asking Punjab chief secretary to instruct the official concerned to send the panel in view of the Supreme Court directions on Feb 5 in the matter. On Feb 5, the apex court slammed the practice of some states having acting DGPs and directed the UPSC to act against them.